Smart Balance False Ad Claims Are Preempted: Judge

Law360, New York (March 16, 2011, 1:51 PM EDT) -- A federal judge declined Monday to certify a consumer class in a lawsuit accusing Smart Balance Inc. of misleadingly labeling its margarine in violation of California law, ruling that the proposed class' claims are preempted by federal law.

Judge Margaret M. Morrow of the U.S. District Court for the Central District of California denied plaintiff Rebecca Yumul's motion for class certification and dismissed the complaint, but gave Yumul ten days to submit a new complaint pleading nonpreempted claims.

Yumul launched her suit in February 2010, alleging...
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Case Information

Case Title

Rebecca Yumul v. Smart Balance, Inc.


Case Number

2:10-cv-00927

Court

California Central

Nature of Suit

Other Statutory Actions

Judge

Margaret M. Morrow

Date Filed

February 7, 2010

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